Counsel,

Please do address the questions raised by Chris Disspain. The questions are below but for the avoidance of doubt, transcribed here:

Under the current structure of ICANN and its SOs and ACs 

1. Is it correct that a bylaw saying that a combination of those SOs and ACs can veto the budget or veto a bylaw change can be drafted and put in to the bylaws?

2. Is it correct that were there to be such a bylaw and the SOs and ACs were to veto the budget or a bylaw change pursuant to that bylaw then the Board of ICANN could ignore that veto and that the SOs and ACs could not enforce the veto?

3. Is it correct that the veto bylaw could be drafted to require binding arbitration in the event that the Board refused to follow the SO/AC veto and if so would the Board be bound by the arbitration finding?

4. Is it correct that a Board spill bylaw could be inserted in to the bylaws and if triggered would be enforceable?


Best regards,


León

El 20/04/2015, a las 23:22, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org> escribió:

I am forwarding Chris Disspain's email into the Legal Sub Team for further consideration.  I will let our counsels respond, should the Legal Sub Team's discussion result in a referral of the questions to counsel.


Greg Shatan

---------- Forwarded message ----------
From: Chris Disspain <ceo@auda.org.au>
Date: Tue, Apr 21, 2015 at 12:03 AM
Subject: [CCWG-ACCT] Legal question
To: Accountability Cross Community <accountability-cross-community@icann.org>


Hello All,

I’m not sure if this email should be addressed to the whole group, the legal sub-team or some other. Anyway, I have some questions that I would appreciate answers to from the CCWG’s lawyers. Happy to discuss on the upcoming CCWG call.

Under the current structure of ICANN and its SOs and ACs 

1. Is it correct that a bylaw saying that a combination of those SOs and ACs can veto the budget or veto a bylaw change can be drafted and put in to the bylaws?

2. Is it correct that were there to be such a bylaw and the SOs and ACs were to veto the budget or a bylaw change pursuant to that bylaw then the Board of ICANN could ignore that veto and that the SOs and ACs could not enforce the veto?

3. Is it correct that the veto bylaw could be drafted to require binding arbitration in the event that the Board refused to follow the SO/AC veto and if so would the Board be bound by the arbitration finding?

4. Is it correct that a Board spill bylaw could be inserted in to the bylaws and if triggered would be enforceable?



Cheers,


Chris


On 18 Apr 2015, at 14:50 , León Felipe Sánchez Ambía <leonfelipe@sanchez.mx> wrote:

All,

I am forwarding this document from Counsel for your records and for its relevance for our overall work.


Best regards,


León

Inicio del mensaje reenviado:

Fecha: 17 de abril de 2015 22:21:36 GMT-5
De: List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5@icann.org>
Asunto: [Acct-Legal] (no subject)


 
Dear Legal Sub-Team,  Attached please find revisions to the chart comparing the member and designator approaches  from Sidley and Adler & Colvin as requested.  Please note that in our cover memo we have posed several questions for your consideration.  We have also provided a discussion of some considerations regarding implementation of both approaches.  We are look forward to discussing with CCWG next week.  Kind regards, Holly
 
HOLLY J.  GREGORY
Partner

Sidley Austin LLP
+1.212.839.5853
holly.gregory@sidley.com
 

 

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<Legal Assessment_  Governance Chart.pdf>
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